PLAINTIFF: Dr David Kitchen, ophthalmologist, and his practice CQ Eye Pty Ltd DEFENDANT: Julie Quinlivan, Director of Professional Services Review Agency (PSR). The PSR agency administers the PSR Scheme to investigate Medicare-referred cases of possible inappropriate practice relating to Medicare, the CDBS and the PBS. Most commonly, the PSR agency investigates doctors suspected of “inappropriate … Read more
A plaintiff spent 26 years trying to get compensation for what he believed was a wrongful conviction and years of imprisonment. He succeeded only in proving 7 days were wrongfully obtained through an abuse of process (the holding charge). The irony is that most of his suffering – the years in prison – came from … Read more
When is an expert medical report a “material fact of decisive character” that justifies extending the limitation period? Ryan v Gold Coast Hospital [2025] QSC 181 granted a limitation extension where the first expert couldn’t establish negligence but a second expert’s report was decisive in proving the hospital’s failure to warn about surgical risks. This … Read more
Can poverty excuse a 12-year delay in pursuing a medical negligence claim? The Queensland Court of Appeal said yes in Ringelstein v Metro North Hospital [2025] QCA 188, reversing the trial judge who had denied a limitation extension. This case analysis is for medical negligence and personal injury lawyers, examining when financial hardship, health deterioration, … Read more
What happens when defendants withhold critical documents showing other parties are liable for your client’s injuries? Harris v Evans Built Pty Ltd [2025] QSC 104 granted a limitation extension after a signed subcontract wasn’t disclosed until nearly two years after the limitation period expired. This case summary is for construction injury lawyers and personal injury … Read more
A personal injuries lawyer whose own firm was representing her family’s accident claims saw her own psychiatric injury claim dismissed in Lundbergs v Fu [2025] QSC 135. For personal injury practitioners, this case demonstrates why psychiatric injury claims fail when the plaintiff wasn’t present, the accident caused no physical injuries, and multiple life stressors provides … Read more
How do you assess damages when your client has been injured in two separate motor vehicle accidents with overlapping psychiatric and physical injuries? Murphy v Madill [2025] QSC 103 secured $635,146.81 for a plaintiff with pre-existing psychiatric conditions who suffered psychiatric injury in a 2017 accident and orthopaedic injuries in a 2019 accident. This case … Read more
Incomplete medical records don’t have to sink your case. In Bauer v Clay [2025] QSC 114, a plaintiff secured $602,008 despite significant gaps in medical evidence. This analysis for personal injury lawyers examines one way to prove causation and future economic loss when your client’s records are incomplete. CLAIM TYPE: Motor Vehicle Accident PLAINTIFF: Male, … Read more
When you’re injured in a motor vehicle accident in Queensland, understanding recent court decisions can help you evaluate your own claim. The Motor Accident Insurance Act 1994 (Qld) (MAIA) governs how these claims are assessed and what damages you may be entitled to receive. In 2025, the Queensland Supreme Court handed down several significant judgments … Read more
A ruling by District Court Judge Rosengren in Grealy v State of Queensland has shed light on the balance courts must strike between a plaintiff’s right to evidence and the privacy of third parties in historical abuse cases. In this matter, the plaintiff alleged that he suffered sexual abuse whilst a child at the Brisbane … Read more